Submissions and evidence

Submissions process

What is the briefing and argument process like in a typical commercial appeal?

In most cases both appellant and respondent only have one chance to file a writ (appeal and response to appeal). Oral hearings are rare in appellate proceedings concerning civil law matters.

New evidence

Are appeals limited to the evidentiary record that was before the trial court, or can new evidence be introduced on appeal?

As a general rule, no new allegations and evidence may be introduced on appeal.

In limited circumstances, this new evidence can be grounds to file a new lawsuit.

In certain proceedings that are deemed to be ‘non-contentious’, the rules on introducing new evidence on appeal are somewhat loosened.

New evidence of wrongdoing

If litigants uncover new evidence of wrongdoing that they believe altered the outcome of a trial court judgment, can they introduce this evidence on appeal?

Generally, no new allegations and evidence may be introduced on appeal.

If some kind of wrongdoing is uncovered after the judgment (eg, false testimony or evidence, collusion) the trial can be reopened after a claim for retrial or restarted after an action for annulment.

New legal arguments

May parties raise new legal arguments on appeal?

New legal arguments may be raised only if they refer to formal questions, new facts or the legal assessment in the decision.